P. v. Taylor CA2/8
This is Isaac William Taylor’s second appeal about his robbery conviction. In his first, we affirmed this conviction but reversed a second conviction for kidnapping for robbery. (People v. Taylor (2020) 43 Cal.App.5th 1102, 1105–1112 (Taylor).) After we remanded the case, the trial court resentenced Taylor to an upper term sentence plus enhancements for his robbery conviction. Taylor appeals his new sentence.
While his second appeal has been pending, the Legislature passed two ameliorative sentencing laws that are relevant to Taylor’s case. One law limits the application of upper sentencing terms unless a defendant has stipulated to circumstances in aggravation or a fact finder has found the circumstances true beyond a reasonable doubt. This statute is Senate Bill No. 567 (2021–2022 Reg. Sess.) or simply SB 567. (See Pen. Code, § 1170, subd. (b), as amended by Stats. 2021, ch. 731, § 1.3.) Taylor’s sentencing did not comply with SB 567’s new requirements.
Comments on P. v. Taylor CA2/8